How to close the DVCase

Guest (Querist) 14 September 2010 This query is : Resolved
Hello everyone,

I filed a DVC against my inlaws and my husband in the month of June. Now we both parties got compromised and my inlaws are ready to take me back.Now all I want to know is the procedure of the closing the DVC. Point here is my husband is not in India.So he wants to know the procedure as the next hearing date is on Oct 8 th.So,please let me know the detail procedure and also tell me how to write a petition to the magistrate informing her that the matter got settled out of court. Your valuable answer is highly appreciated.Thanks in advance.

Follow Query

Report Abuse

s.subramanian (Expert) 14 September 2010
you have to set out in detail the terms of compromise arrived at between you in the petition to be filed under Sec.320 of Cr.P.C. It will be better to have the assistance of a good local lawyer in your place for this purpose.Leave of the court has to be taken for compounding the offence.

Guest (Expert) 15 September 2010
I am very happy the matter is settled amicably. On the next date of hearing you move an application seeking withdrawal of the case in terms of settlement reached between the applicant (yourself) and respondents (your husband and his relatives) who are the parties.

As it is not a criminal case, offences need not be compounded. The application will be like this:

Before the hon'ble Metropolitan Magistrate,...........

D.V. Case No.--------

In Re:

1....... Applicant
........

Versus

1..............
2..............
3.............. Respondents

APPLICATION SEEKING PERMISSION TO WITHDRAW THE DOMESTIC VIOLENCE CASE

MOST RESPECTFULLY SHOWETH:

1. That the applicant filed the above said case seeking the relief of ........
and the next date of hearing is on-------

2. In the meantime, the applicant and respondents in the presence of well wishers held mediation and a settlement is reached. The settlement has been duly drafted and signed by both the parties in the presence of two respectable witnesses. The settlement copy is placed alongwith this application as ANNEXURE-A-1.

3. It is, therefore, prayed that this hon'ble court may be pleased to permit the applicant to withdraw this divorce petition by disposing it in terms of the settlement placed at Annexure A-1 and for this the applicant as duty bound shall ever pray.

Prayed accordingly.

(signature of the applicant)

(signature of the respondents)

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries